When an employee is accused of serious misconduct, it may be appropriate for him or her to be suspended while an investigation takes place. This may be necessary to protect the business, or the integrity of the investigation. However, while an employer may be at pains to stress that the suspension does not indicate any…
Employers should be aware that dismissing an employee because she is pregnant is automatically unfair – and also amounts to unlawful discrimination. But in the UK at least, the rule is that the dismissal of a woman who just happens to be pregnant is treated in the same way as any other dismissal, provided the…
Perhaps the most complicated and difficult issue in the whole of employment law is working out whether an employee, in one part of the employer’s business, can claim equal pay by comparing herself with a man working in a completely different location. Gaining a Foothold In Asda Stores Ltd v Brierly & ors, a large…
Suns out, Skirts out Warm weather turns HR specialists to thoughts of… dress codes. This summer we have had news of male employees sent home from work for wearing shorts, only to return wearing skirts instead. If women are allowed to wear skirts, they say, then why can’t men? Somewhat less dramatically the House of…
The entitlement to paid annual leave under the Working Time Regulations 1998 must be interpreted in accordance with the EU Working Time Directive. This has caused particular problems for the UK courts when it comes to the calculation of holiday pay. The European Court of Justice has repeatedly ruled that holiday pay must reflect a…
Where an employer gives an employee a contractual right to long-term sickness absence benefits, it will generally be an implied term of the contract that he or she will not be dismissed before those benefits are exhausted. Does that mean, however, that it will also be unfair to dismiss an employee in that period and…
It is an odd feature of TUPE Regulations that they apply when there is a transfer of a business which, immediately before the transfer, is located in the United Kingdom but does not say anything about where the business needs to be located once the transfer is complete. In theory, TUPE can apply even if…
Unlawful Deduction from Wages – Contractual Disputes Agarwal v Cardiff University and another A worker who suffers a deduction from wages may bring a claim in the Employment Tribunal to recover the shortfall. This is the case if it was not made in accordance with a written agreement with the employer, or provided for in…
Age discrimination and redundancy BAE Systems (Operations) Ltd v McDowell Age discrimination differs from other kinds of discrimination in that, even direct discrimination – treating someone less favourably because of their age – can be lawful if the employer shows that the treatment is a proportionate means of achieving a legitimate aim. Pension and Redundancy?…
Dismissals for poor performance Awojobi v London Borough of Lewisham The principles underlying a fair dismissal for poor performance are well established. An employer needs to give the employee a clear explanation of the ways in which his or her performance is falling short and a fair opportunity to meet the required standard before being…